UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-7073

BURNICE ANTWON HINNANT, JR.,

Petitioner - Appellant,

v.

STATE OF NORTH CAROLINA,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:15-hc-02283-FL)

Submitted: December 15, 2016 Decided: December 20, 2016

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Remanded by unpublished per curiam opinion.

Burnice Antwon Hinnant, Jr., Appellant Pro Se. Clarence Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Burnice Antwon Hinnant, Jr., seeks to appeal the district

court’s order denying relief on his

(2012)

petition. The notice of appeal was received in the district

court shortly after expiration of the appeal period. Because

Hinnant is incarcerated, the notice is considered filed as of

the date it was properly delivered to prison officials for

mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack,

(1988). The record does not reveal when Hinnant

gave the notice of appeal to prison officials for mailing.

Accordingly, we remand the case for the limited purpose of

allowing the district court to obtain this information from the

parties and to determine whether the filing was timely under

Fed. R. App. P. 4(c)(1) and Houston v. Lack. The record, as

supplemented, will then be returned to this court for further

consideration.

REMANDED

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